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Fault-Based Divorce


South Carolina grants "at-fault" and "no-fault" divorces. Parties who pursue an at-fault divorce must prove that they are entitled to a divorce because their spouse is responsible for the failure of the marriage based on one or more of the following grounds:
  • Adultery
  • Physical cruelty
  • Habitual drunkenness or drug use
  • Desertion for a period of one year

  • Proving that your spouse caused the breakdown of the marriage may lead the court to award you a more favorable property settlement or spousal support payments. However, at-fault divorces often involve intense conflict between the parties that can sometimes lead to prolonged and expensive litigation and emotional turmoil for the family.
    Many parties opt to file for a "no-fault" divorce. After you and your spouse have been living separate and apart without cohabitation for at least one year, you can pursue a no-fault divorce, which is designed to provide a prompt legal ending to your marriage without the burden of having to prove fault. If you wish to pursue a divorce, we can represent your interests and help you get through this as quickly as possible.